Shakti Kumar @ Shakti Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79530 of 2024 Arising Out of PS. Case No.-75 Year-2023 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Shakti Kumar @ Shakti Paswan S/o- Lal Paswan Resident Of VillageKhaskhori, P.S- Barabar Tourist (Vishnuganj), District- Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sameer Darshan, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Barabar Tourist (Vishunganj) P.S. Case No. 75 of 2023, instituted for the offences punishable under Section 394 of the Indian Penal Code.
3. The prosecution case, in short, is that, three unknown miscreants intercepted the informant and snatched his bag containing cash of Rs. 1,15,090/- and a bio-metric machine.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.79530 of 2024(2) dt.12-11-2024 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement made by co-accused Subodh Kumar and the same has got no evidentiary value. No recovery of any looted articles have been made from the possession of the petitioner and no T.I. parade has been conducted in this case. The petitioner is in custody since 07.06.2024 and has got three criminal antecedents in which he is on bail in two cases and has been acquitted in one case. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 29.04.2024 passed in Cr. Misc. No. 29047 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.79530 of 2024(2) dt.12-11-2024 3/3 below/concerned Court in connection with Barabar Tourist (Vishunganj) P.S. Case No. 75 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T